coastalcph/lex_glue huggingface dataset:
4.  The applicants were born in 1937, 1921, 1963, 1929, 1945, 1926, 1943, 1948 and 1950 respectively and live in Gebze.
5.  In 1996 the Kocaeli Provincial Private Administration Office (Kocaeli İl Özel İdare Müdürlüğü) expropriated nineteen plots of land belonging to the applicants. A committee of experts assessed the value of the plots and the relevant amount was paid to the applicants when the expropriation took place.
6.  On 5 November 1996 the applicants brought three separate actions for compensation before the Gebze Civil Court of First-instance.
7.  In order to assess the real value of the land, the court ordered on-site inspections and expert reports. Primarily, the experts worked on the classification of the plots since the value of urbanised land (arsa) was higher than rural land (arazi). In this context, the experts observed that the plots were not reserved for habitation under any urban plan (imar planı) of the Municipality or the Ministry of Public Works and Settlement; they were not situated within residential areas; and there was no annotation in the land registry that these plots were to be used for tourism purposes. Instead, the plots were classified as “fields” in the Land Registry. As a result of the on-site inspections and their findings, the experts decided that the plots should be classified as rural land. They therefore calculated the value of the plots on that basis.
8.  In their written submissions the applicants contested the expert reports. They submitted an expert report dated 5 March 1998 which concluded that the land in question should have been considered urbanised.
9.  After taking into consideration three expert reports for each case, the Gebze Civil Court of First-instance rejected the applicants’ objections in respect of the nature of the land.
10.  On 15 September 1998, 13 March 1998 and 4 May 1998, the court issued three decisions and awarded the applicants the below-mentioned amounts:
 
SETS OF PROCEEDINGS BEFORE THE FIRST-INSTANCE COURT
 
DATES OF DECISIONS
AWARDED AMOUNTS
(In Turkish liras)
 
FIRST SET OF PROCEEDINGS
11.  On 2 March 1999 the Court of Cassation upheld these decisions.
12.  On 14 May 1999 the Court of Cassation rejected the applicants’ requests for rectification.
13.  Three sets of enforcement proceedings were initiated before the Execution Offices.
14.  At the end of the enforcement proceedings, the amounts indicated below were paid to the applicants by the Kocaeli Provincial Private Administration Office on the dates mentioned:
 
SETS OF EXECUTION PROCEEDINGS BEFORE THE ENFORCEMENT OFFICE
 
DATES OF PAYMENT
AMOUNT OF PAYMENTS
(In Turkish liras)
 
FIRST SET OF EXECUTION PROCEEDINGS
5.  The applicant was born in 1960 and lives in the Novolobinskaya village, Krasnodar Region.
6.  In 1992 the applicant was convicted of theft and sentenced to 5 years and 6 months’ imprisonment. Following the revision of his criminal case by way of supervisory review in 1995, his sentence was reduced. However, this decision was erroneously sent to the prison administration with a considerable delay. As a result, the applicant was released eight months later than provided by the court decision.
7.  In September 1996 the applicant brought civil proceedings claiming damages in this respect. On 14 September 1998 the Krasnoarmeyskiy Town Court of the Saratov Region awarded the applicant 1,000 Roubles, to be paid by the Ministry of Finances of Russia. The parties did not appeal and this judgment became final.
8.  The Krasnoarmeyskiy Town Court issued an execution order and on 23 October 1998 (or, according to the Government, on 20 October 1998) it was forwarded to the Kirovskiy District Court of Saratov. On 26 October the Kirovskiy District Court received the execution order. On the same day the execution order was forwarded to the court bailiffs for execution. However, it never reached the bailiffs.
9.  The applicant asserted that in the following years he requested the Kirovskiy District Court of Saratov and the bailiffs’ service to resume the enforcement proceedings. In reply to one of his letters, on 16 April 2001 the Saratov Region Chief Bailiff advised the applicant to file a request to the Krasnoarmeyskiy District Court with a view to obtain a duplicata of the execution order. However, as the Government suggested, he did not do so.
10.  On 20 October 2004 the Krasnoarmeyskiy District Court of the Saratov Region issued a duplicata of the execution order. It is unclear whether the court did it on its own motion or upon the applicant’s initiative. In December 2004 it was forwarded to the Ministry of Finance, with a copy to the applicant. In a cover letter of 6 December 2004 the District Court noted that the parties had been duly notified about the hearing but failed to appear. The Court also drew the applicant’s attention to the fact that he should provide the Ministry of Finance with his bank account details.
11.  It appears that the judgment of 14 September 1998 remains unenforced to date.
4.  The applicant was born in 1956 and lives in Ukhta in the Republic of Komi.
5.  In March 1995 the applicant was charged with murder and an obligation not to leave the place of her residence without permission was imposed on her as a preventive measure. During the subsequent criminal investigation she was detained on remand from 24 May 1995 to 29 May 1996. On the latter date an obligation not to leave the place of her residence without permission was again imposed on her. In January 1997 she was convicted of murder and sentenced to one year’s imprisonment. The sentence was considered to have been served in view of the applicant’s detention on remand. In June 1997, on appeal, the Supreme Court of the Republic of Komi found that the applicant had not committed the crime as she had acted in self-defence. It quashed the judgment and discontinued the criminal proceedings.
6.  On 28 January 2002 the applicant brought proceedings against the Ministry of Finance of the Russian Federation, claiming non-pecuniary damages caused by her unlawful prosecution, detention and conviction. On 15 February 2002 the Ukhta Town Court held that the applicant was entitled to compensation on account of her unlawful prosecution, detention and conviction. It found, inter alia, that the applicant had never been prosecuted earlier, that she had a minor child at the time, that her deprivation of liberty had involved stress and sufferings, that her health had deteriorated as a result of her stay in the detention facility and that she had had no liberty of movement and freedom to choose her residence for a long time. It allowed her claim in part and awarded her 70,000 Russian roubles (RUR) for non‑pecuniary damage at the expense of the Federal Treasury. The parties appealed. On 28 March 2002 the Supreme Court of the Republic of Komi upheld the judgment which came into force on the same day.
7.  On 4 April 2002 the Town Court sent an execution writ to the applicant. On 22 April 2002 the applicant submitted it, together with supporting documents, to the Ukhta town department of the Federal Treasury of the Ministry of Finance. On 24 April 2002 the latter forwarded the documents to the Republic Komi department of the Federal Treasury of the Ministry of Finance which, in its turn, on 26 April 2002 forwarded the documents to the Ministry of Finance which received them on 7 May 2002.
8.  In December 2002 and in April 2003 the applicant complained about the non-enforcement of the judgment to the Minister of Finance and to other authorities.
9.  On 6 May 2003 the Federal Treasury transferred RUR 70,000 to the Republic Komi department of the Federal Treasury for the enforcement of the judgment. On 14 May 2003 the latter transferred RUR 70,000 to the applicant’s bank account. The amount was credited to the applicant’s account on 16 May 2003.
4.   The applicant lives in Frýdlant v Čechách.
5.  On 21 November 1988 the applicant, having been divorced on 27 June 1988, lodged an action with the Liberec District Court (okresní soud) for the separation of the matrimonial property.
6.  On 13 January and 13 February 1989 the court held two hearings. On 28 April and 8 June 1989 it appointed two experts with a view to evaluating real estate, antiques and jewellery. Subsequent hearings were held on 13 December 1989, 29 November 1990 and 5 March 1991. In the meantime, the expert in real estate delivered his opinion. Another hearing was scheduled for 28 June 1991.
7.  On 15 March 1992 a new expert opinion concerning the real estate was submitted to the court, which had appointed another expert in antiques and jewellery.
8.  On 20 August 1993 the District Court ordered a new expert opinion concerning the real estate. The expert submitted his report on 6 September 1993.
9.  On 4 January 1994 the case was transmitted to another judge at the District Court.
10.  Two hearings were held on 19 May and 9 June 1999. The parties expressed their wish to reach a friendly settlement. The last hearing was therefore adjourned sine die.
11.  As the parties had not informed the court about a friendly settlement, a hearing was held on 7 February 2002. It was adjourned in order to evaluate the antiques and jewellery claim. Moreover, the applicant was invited to submit the address of a witness she had suggested be heard.
12.  On 4 October 2002 the court appointed a new expert in real estate. The expert submitted his opinion in February 2003.
13.  On 31 October 2002 and 29 April 2003, the District Court held hearings. The applicant did not attend the last hearing, being in the United States of America. The court therefore adjourned the hearing sine die.
14.  On 17 July 2003 the applicant’s lawyer informed the court that her client had returned to the Czech Republic and that a friendly settlement of the case was not excluded. On 3 September 2003 she informed the court of the continuation of the dispute. On 16 October 2003 the applicant notified the court that she would be abroad until December 2003.
15.  A hearing scheduled for 4 May 2004 was adjourned at the request of the applicant’s lawyer until 18 May 2004. At this hearing, the defendant challenged the judge for bias. On 15 July 2004 the Ústí nad Labem Regional Court (krajský soud) decided that the judge was not biased, and remitted the case to the District Court.
16.  A hearing scheduled for 2 November 2004 was adjourned, the defendant being ill.
17.  A hearing held on 25 January 2005 was adjourned sine die, the parties not agreeing on the value of the antiques and jewellery. The court requested the Czech Insurance and Police Office to submit written opinions as the defendant claimed that certain antiques had been stolen in 1995.
18.  It appears that the proceedings are still pending at first instance.
4.  The applicant was born in 1957 and lives in Litomyšl.
5.  On 25 May 1998 the applicant brought proceedings against C. seeking restitution of a lorry or, alternatively, the payment of compensation.
6.  On 19 June 1998 the Blansko District Court (okresní soud) invited the applicant to pay court fees. On 24 June 1998 the applicant requested to be exempted from court fees. On 10 September 1998 he informed the court that he did not receive welfare benefits. On 16 December 1998 the court granted the applicant’s request.
7.  In the meantime, on 7 October 1998, the court had received the applicant’s request for an interim measure.
8.  On 18 February 1999 the court invited the applicant to clarify his action. Having received this invitation on 12 March 1999, the applicant replied on 18 March 1999.
9.  On 18 May 1999 the court asked the Svitavy District Police Directorate (okresní ředitelství policie) to verify the identification data of the lorry concerned. The court received this information on 24 May 1999.
10. According to the Government, the applicant did not attend, without an excuse, a hearing held on 27 May 1999 which was then adjourned sine die. The applicant submits that his legal representative was present at the hearing, together with his ex-wife who was ready to be heard as a witness and that, actually, it was the defendant who did not attend the hearing.
11.  On 30 June 1999 the District Court discontinued the proceedings for an interim measure sought by the applicant. On 16 September 1999 the latter appealed to the Brno Regional Court (krajský soud) which, on 24 October 2000, quashed this decision and remitted the case to the District Court, which decided in the applicant’s favour on 22 November 2000.
12.  On 15 January 2001 the applicant modified his action, claiming CZK 140,000 (EUR 4,667) should C. could not return the lorry.
13.  After a hearing on 30 January 2001, the District Court delivered a judgment in which it ordered C. to pay this sum together with the court fees. On 14 March 2001 C. appealed requesting, at the same time, to be exempted from court fees. On 27 July 2001 the District Court granted his request and, on 14 September 2001, sent the case file to the Regional Court which, on 24 November 2003, modified the first instance judgment, ordering C. to pay CZK 28,000 (EUR 966) to the applicant.
14.  On 11 May 2004 the latter filed an appeal on points of law (dovolání) with the Supreme Court (Nejvyšší soud) where, it seems, the proceedings are still pending.
8.  The applicant was born in 1961 and lives in Kramatorsk, Ukraine.
9.  On 13 April 2000 the Kramatorsk City Court (the “Kramatorsk Court”) ordered the OJSC “Teploenergomontazh” (the “TEM”) to pay the applicant UAH 5,949.11[1] in compensation for salary arrears.
10.  On 27 July 2000 the Donetsk Regional Court (the “DRC”) upheld this judgment.
11.  According to the documents submitted by the Government, the judgment of 13 April 2000 was enforced in full on 30 November 2000. The enforcement proceedings were terminated on the same date.
12.  On 13 December 2000 the Presidium of the DRC allowed the protest filed by its President, following the defendant company’s request for a supervisory review, quashed the judgment of 13 April 2000 and the ruling of 27 July 2000, and remitted the case to the Kramatorsk Court for a fresh consideration.
4.  The applicant was born in 1940 and lives in the village of Veseloye, Kherson region, Ukraine.
5.  In 2001 the applicant instituted proceedings in the Novokakhovskiy Town Court against his former employer, the State-owned “Uzhelektromash” company, to recover salary arrears. On 17 December 2001 the court awarded the applicant UAH 10,282[1] in salary arrears and compensation.
6.  On 26 June 2002 the Novokahovska Bailiffs’ Service returned the writ of execution to the applicant on the ground that the debtor lacked funds that could be attached and the court had prohibited seizure of the debtor’s accounts.
7.  On 10 June 2005 the Novokakhovskiy Town Court, following the applicant’s complaint, ordered the Bailiffs’ Service to renew the enforcement proceedings in the case.
8.  The judgment in the applicant’s favour remains unenforced.
4.  The applicant was born in 1953 and lives in the city of Chernigiv, Ukraine.
5.  In 1999 the applicant instituted proceedings in the Desnyanskyy District Court against the State Company “Atomspetsbud” to recover unpaid salary. On 5 August 1999 the court awarded him 10,353 Ukrainian hryvnas (UAH) in salary arrears.
6.  At the end of 2001, the applicant instituted proceedings in the Pecherskyy District Court of Kyiv against the President of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Energy and the Ministry of Justice, for compensation of pecuniary and non-pecuniary damage caused by the non-enforcement of the judgment in his favour. On 29 January 2002 the court found against the applicant, stating that the applicant could have lodged appropriate claims for damages against the State Bailiffs’ Service and not against the above defendants, whose responsibility for the non-enforcement of the judgment had not been proved by the claimant. The applicant did not appeal against this decision under the ordinary appellate and cassation procedures.
7.  By an order of 27 June 2002, the debtor company was liquidated and all the writs of execution were forwarded to the liquidation commission which had been established.
8.  By a letter dated 4 January 2003 from the Ministry of Justice to other creditors, the applicant became aware that the judgment of 5 August 1999 would not be enforced due to the large number of enforcement proceedings against the debtor. In addition, the Ministry had stated that the enforcement of the judgment by an attachment of property required the special authorisation of the Ministry of Emergencies due to the location of the debtor’s property in the Chernobyl area, contaminated by radioactivity.
9.  The judgment apparently remains unexecuted.
4.  The applicant was born in 1981 and lives in Stoke-on-Trent.
5.  The applicant was arrested on 14 May 2002 on suspicion of having intimidated witnesses. In an identity parade held the same afternoon, he was positively identified by one of the two witnesses. The applicant states that this witness accepted in her original statement of evidence to the police that she was a heroin user and an inherently unreliable witness. The applicant was subsequently charged with five counts of doing acts tending and intended to pervert the course of public justice.
6.  The applicant pleaded not guilty on 2 August 2002 and the trial was adjourned to the Stoke-on-Trent Crown Court on 7 October 2002. On that date no judge was available and the trial was moved to 3 February 2003. On the second day of the trial the witness who had identified the applicant did not attend and the trial had to be aborted. At the re-listed trial on 15 September 2003, Counsel for the Crown addressed the court in the following terms:
“When this matter was listed for trial in February, [L.] attended on the first day. She wasn't called to give evidence and didn't come back on the second day. Certainly, that caused some concern. I think it is fair to say, at different stages of the entire case, she has blown slightly hot and cold.
[L.] indicated to the police when they contacted her recently and, in fact, again yesterday, that she was reluctant to give evidence. She has attended court today and with my learned friend's permission, I have had the chance to sit down and have a chat to her.
Your Honour, the reality is that she does not want to give evidence. She has personal reasons I don't propose to divulge in open court. She has formed a new relationship. She has moved on. She is trying very hard to put the events of this entire case behind her. She has satisfied the police who spoke to her yesterday and satisfied those who instruct me that no threats have been made toward her in relation to today's proceedings. She insists that there has been no contact from [the applicant] or others acting on his behalf. We don't feel that, due to the nature of this allegation, she ought to be compelled to give evidence in this case.
Your Honour, there has been a very full discussion and the view we have taken is that without her evidence, plainly, we can't proceed. I offer no evidence. Verdicts must follow.”
7.  The applicant was duly acquitted. On his counsel's application for a defendant's costs order, the judge refused to make an order and stated:
“That order will be refused. There is clear evidence on the court papers. The Crown have taken the view that they are not going to compel this witness although there is compelling evidence in respect of those matters. It is a discretion which I am afraid I am not going to exercise in your favour.”
8.  The applicant's attempted appeal was dismissed on 14 November 2003 as “to be appealable as a sentence, the order must be contingent upon conviction. As the defendant's costs order only arises when a prosecution is unsuccessful, it cannot be a sentence and cannot be appealed at the Court of Appeal Criminal Division”.
6.  The applicant was born in 1963 and lives in Helsinki.
7.  On 16 February 1995 the applicant wrote an article which criticised the business transactions and financial affairs of the Student Association of the University of Helsinki (to be called “HYY” hereinafter). The article was published in a magazine called “Uusi Ylioppilaslehti” which is a publication mainly distributed to the students and professors of the University of Helsinki and others interested in questions concerning the Student Association and the University. On 7 August 1995 HYY and some others mentioned in the article requested the police to investigate whether the applicant had defamed them.
8.  On 13 September 1995 the applicant was interrogated by the police for the first time for approximately one hour. On 13 February 1996 the police received another request for investigation which was related to a further alleged defamation in November-December 1995. In the context of this investigation, the applicant was heard on 2 May 1996 and the investigation was completed on the same day.
9.  On 20 June 1996 a local prosecutor decided not to prosecute the applicant for either of the alleged offences. However, as a result of an extraordinary appeal (kantelu, klagan) of 22 July 1996 by the complainants the County Prosecutor of Uusimaa ordered, on 17 January 1997, that the applicant be charged with an offence. On 27 January 1997 another local prosecutor brought defamation charges against the applicant before the District Court (käräjäoikeus, tingsrätt) of Espoo. Charges were brought and a summons was served on the applicant on 31 January 1997.
10.  There were eight hearings before the District Court on 17 April 1997, 15 and 17 September 1997, 25 November 1997, 3 December 1997, 21 January 1998 and 26 February 1998, respectively. Both parties requested an adjournment on four occasions. On 7 April 1998 the District Court issued its judgment, finding the applicant guilty of defamation. Fines or other penalties were not imposed but the applicant was ordered to pay compensation for some non-pecuniary damage and part of the complainants’ legal expenses.
11.  The applicant appealed to the Court of Appeal (hovioikeus, hovrätt) of Helsinki in May 1998. On 22 December 1998 he submitted to the appellate court two missing pages of one appendix and on 30 March 1999 his lawyer’s invoice on legal aid.
12.  On 27 June 2000 the Court of Appeal overturned the District Court’s judgment and acquitted the applicant of all charges by two votes to one. It found that the applicant had a right to discuss the financial affairs of HYY publicly and to raise the issue among the students and other interested parties. Having a right to use his freedom of speech in this respect, the applicant had not committed an offence.
13.  No appeals were made to the Supreme Court (korkein oikeus, högsta domstolen) and the judgment gained legal force on 28 August 2000.